but there was no open investigation. the f.b.i. told us acts have conducted 100 interviews and issued 180 grand jury subpoenas and have 101 leads pending. talking to anyone and everyone no one to associate with the gunman. they are still searching the 16,000 square foot temple, recovering 150 pieces of evidence from the parking lot. we learned from local place that lieutenant murphy shot eight or nine times is doing much better. >> really good news yesterday. he was up walking. up walking. he was sitting up for a period of time he is progressing amazingly. we are very thankful for that. rick: still, no official motive for the shooting. >>shepard: police have arrested the ex-girlfriend as we reported yesterday. rick: yes, she had a prior felony conviction for fleeing

local cops in 2005 and when police went to her apartment that she shared with the gunman she went there on sunday to question her, while they were there with the f.b.i. they found a weapon in her apartment. as a person with a former felony conviction she was not allowed to possess a weapon. she was arrested and released. she was not involved in the shooting, but she was involved in the skinhead scene and could be the reason that page moved to milwaukee area to be with her. she got a job as a waitress last month, a block from the temple, around the same time she broke up with page. whether that had anything to do with it, and whether that is why the shooter came here, we still don't know. >>shepard: thank you, rick. lawyers for a school board in northeast louisiana are reviewing a policy at a local charter school that forces students suspected of being pregnant to take a pregnancy test. it forbids pregnant students from attending classes at the

school. those would refuse the pregnancy test are treated as if they are pregnant and not allowed to return to school. the american civil liberties union rejected legal action, or threatened it, against the charter school. the policies actually has been on the book for seven years but the aclu says it violates a federal law designed to pregnant the rights of pregnant students. the principal says he was "tremendously concerned" when he had to enforce the rule and pointed out a double standard. nothing happens to the father. but the head of the father board claimed he had no idea this was a potential for discrimination. jonathan hunt is here. so, the kids affected by this, they are speaking out. what is the word? >>jonathan: we spoke to one today. she was a junior at the high school when she got pregnant. she wasn't forced to take the

pregnancy test because she told friends and school officials found out. she said she was out of that school, she had to go home, and be home schooled. she was shocked but didn't think she could do anything about it. here she is. >> they told me to go home. that's what i did. people, the neighborhood, friends, family, you know, they wondered why i didn't take legal action. that is not just -- it didn't seem right. we probably could have pushed it, then, but it just went that way. we were shocked. i was mad. >>jonathan: she was mad but she didn't feel able to do anything about it. many other students, according to her, have been in the same position at the school. >>shepard: what do we hear from the school? >>jonathan: we reached out to the school board today. the chairman sent us this one

line statement and i quote, "they have been given their lawyers the policy and revisions are being prepared now by our attorneys so that we can be assured that our policy is consistent with state and federal law." i spoke to judge napolitano who says as it stands right now, that policy isn't consistent with any state or federal law. listen. >> it takes away the right of privacy. it is quite simply none of the school's business that the student is pregnant. certainly, a hunch on the part of a teacher, that would be insufficient basis to trigger the obligation to take this pregnancy test. in terms of punishing the student by excluding her from the school environment, again, that can only be done if the school could show that her visible pregnancy physically present in the classroom, interfered with the school's mission to deliver their educational product. >>jonathan: the judge also told us that students who have been affected by this policy may

well have a very good basis, now, for a lawsuit against the school. >>shepard: to be clear, this is a publicly funded school. >>jonathan: a charter school but it takes public funds. >>shepard: and we will take it to our legal panel, now. i don't know what there is to discuss. >> it is simple. they take funds. the school realizes now, that this has been on the books and it should have been taken off the books a long time ago. it is violation of title 9. you take federal money, you cannot, you cannot have jim nation between boys and girls. the girls required to take the test and if they are suspected to be pregnant, and the policy says "the doctor of their choice," that is discrimination. on many grounds, it is violating people's privacy. it is a policy that needs to be removed. >>shepard: drew? >> well, you are a mississippi guy, northeast florida guy, i'm a georgia guy, it is a

systematic issue of not focusing on education. louisiana, are we kidding ourselves? the bottom the barrel educationally, and you worried about this? how about worrying about getting better math and science grades? it is just systematic of a problem in louisiana. maybe it will forts them to focus on not paying less miles in assistance, over $10 million, but put the money into competition so their kids can compete. >> so throw out the constitution and focus on education? equal protection, all the issues of treating boys different from girls and making people go to the doctor, forget that and make sure education is the only focus here. it will not help anybody. >> when you say, shep, is there an issue to discuss? one issue, being a defense attorney, not a prosecutor, i will say this: are we going to force to see how the students were checked the past decade? did this cause students to be visually observed in positioned

where they should not have been? did it invite childhood molestation? if we look into this, perhaps law enforcement from a neutral and detached jurisdiction should come in and see how, exactly, they analyzed whether a young lady was pregnant. >>shepard: thank you, gentleman. eric drew fought cancer and beat it. then he fought the people who toll his identity undergoing cancer treatment. now a fight against the bank that stood in his way. and a campaign event in the key swing state not president, pushing for women voters. we will take a look at what the president is saying coming up. and you can head over to www.foxnews.com and watch the whole thing streaming like.

>>shepard: the court ruled a former cancer patient can sue chase bank and a credit service company for reporting false information after hospital

worker stole his identity. the guy says he was in the hospital battling leukemia and discovered what happened. he says he told the bank and credit agencies about his identity theftut those companies refused to cooperate. he says he started getting harassing phone calls from debt collectors. the three judge panel in san francisco ruling reverses an earlier decision dismissing the case. take this to the lawyers. josh? >> the bottom line is, we get phone calls, if you don't pay us we take away your house. they bother you and harass you. this cancer victim put them on notice, their identity was stolen. they didn't do what they understood do. he put them on notice again. this is in the me, i didn't cause these problems. they go after him. they make his life a living hell. they have a responsibility just like we have responsibility to them to pay the money when the collection agencies come after you, when the credit cards come after you and the banks.

now it is reverses. the judges got it right. >>shepard: drew? >> there is an expression the floodgates will open. the issue is, the flood gates will open and this happened to be someone with the fortitude to team up and pursue the case. but this is an issue far greater than this one case. i feel bad for this guy. who wouldn't? he got screwed. no doubt. but the problem is, private industry and our government have not caught up with i.d. fraud and its effect. this one person had a lawsuit that was now approved by a secretary court which is only below the scout of the united states. you can expect a flood of lawsuits. they are coming. and they are coming from people --. >> where do they say, okays we will figure out how to deal with fraud and the identity issues? if you let this go you will say, it keeps going and going. at some point, you have to stop

and say, it is time to start paying attention to this matter. people are being cheated out of their name, their identity, and financial interests. >> and i agree with you on that. the problem is, we are using band-aids. we wait for somebody to break the law. then we arrest them and prosecute them. that is what is great for our politicians to focus on. wow, i'm coming down hard on crime. it is getting to the going of this. how to cut off the i.d. fraud in the beginning. that is where people are being the most exploited. we have to stop it in the beginning. >> you cannot just do it to one side. the judges said they were on notice and they should have done something. >>shepard: a lost americans spend more time or more than a tenth of their income to buy gas. a tenth of their income. that number, we are told, could rise. next, prices headed up to the

pump. also, how a big fire in california plays into this equation.

>>shepard: tempers flaring in richmond, california, hundreds heckling a panel of chevron officials as the huge refinery in the bay area which we reported. we told you of the story yesterday. the flames broke out monday night at a chevron plant in richmond, california. officials say the smoke sent close to 1,000 people to area hospitals. patients complained of burning eyes and double breathing. no serious injuries. some residents and city leaders are accusing chevron of waiting too long to warn the public. last night a meeting was a mob scene. i can assure you i have the utmost respect for this

community. >> boo! boo! i want to get to the root cause of this incident. (inaudible). >> number of people in line have questions tonight. >>shepard: others defended the company. one bottle hit the stage. others said the refinery provided much needed jobs. the officials say they put out warnings when the flames broke out. trace has the details from the west coast f they put out warning the moment the flames came up, i don't know, is that the truth? >>trace: well, shep, they might have waited too long because california law says chevron is supposed to notify the public any leak, any fire, or any spill, immediately. here is the timeline. the residue, the flame, the vapor, leak, whatever you call it broke out at 4:15 p.m.

chevron said there was nothing to report. two hours and 15 minutes later, the employees were notified because the spill or the leak got a lot bigger. at 6:37, that is when the fire break out. that is when chevron pushed the three button alarm. that sounds all the sirens and alerts the media. residents were called ten minutes later. some say, including the mayor, the sirens were weak, the alerts were spotty and the warning calls took hours to complete. listen to both sides. >> we don't care if you close it down because it will cost billions to clean up this mess. (inaudible) >>trace: we should notify you, there is a controlled burn at

facility right now. there is word that another smaller fire may have broken out. authorities are on the way to check that out right now. >>shepard: what is chevron saying about all of this, trace? >>trace: chevron says it responded well but it is kind of admitting it dropped the ball. the manager of the refinery says and i quote, "we apologize for the fire and smoke caused by year's incident. nothing is more important than safe operations. we did not meet that expectation." the refinery has been open there for 110 years and it has had incidents including an explosion in 2010 which spewed toxic smoke into the area. it is the city's biggest employer, producing 15 percent of all the gas in the western region. for some, always heard at the meeting, it is a nuisance, but for others it is the city's lifeblood. >>shepard: thank you. the refinery require is one of many factors that could further

boost the price of gas. aa reports the national average is $3.65, and 13 cents higher than a week ago. the shutdown of the california refine i could push average prices in california and along the west coast to $4 a gallon. reported problems at two other refineries in the midwest slowed production. adding to that continued concern the chaos in syria could spread and that area holds circuit percent of the oil reserves of the world. gerri willis and with us. how high do analysts expect this to go? the last time i asked, it was in, like, march, and it is in the your fault. predicting this stuff --. >>gerri: you cannot predict it. >>shepard: it is a fool's mission. >>gerri: you cannot predict. it is very difficult to predict. the experts are saying, not me,

the people we talked to, prices could approach $4. we are not seeing that yet. they will certainly by this weekend probably top last year's level. that will take only three pennies a gallon. >>shepard: last year we were moaning. moaning. i was surprised by this report from aaa of the percentage of the average income that is spent on gasoline. >>gerri: this is unbelievable. in mississippi, 12 percent of your income is spent on gas. think of that. montana, 11 percent. louisiana and north dakota, 10 percent. one out of every $10 you make goes out the door to gas. that is hard to keep up with. this is not something you have a choice in spending. you take the kids to school, going do work, to the grocery store. it is not like you just playing around. >>shepard: that is for sure. gas taxes are high down there in mississippi. >>gerri: you should fix that. >>shepard: i don't have any control. but if you think of anything,

you let me know. thanks, gerri. the president and governor romney, making pitches to voters, and taking plenty of shots at each other. a campaign of nothingness. the new poll numbers in the battle states and a pair of live reports from the campaign trails. doctors are saying taking grapefruit with certain medication could actually make them more effective. we have heard stories of great fruit and how it screws up medicine but now, grapefruit is good mixed with medicine. [ male announcer ] research suggests cell health plays a key role

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>>shepard: this is "studio b" at the bottom the hour. it is time not to which the news. the president begins a two day, four-city campaign trip through colorado, a state he needs to win again according to the analysts in the bid for re-election. but a new "new york times" and cbs swing state poll that shows the president had his work cut out for him. governor romney has a five-point advantage in colorado, just outside the margin of error. that poll differs with national polls which suggests the president holds on to the lead. and ed henry is like with the president. ed, who is with the president

today? >>reporter: well, he has just wrapped up the event with the president shaking hands. he rolled out the woman who spoke out in favor of the president's health care plan some months ago and drew the ire of rush limbaugh and other conservative whose attacked her because she spoke out in favor of low-cost contraception, et cetera, she attacked mitt romney from the podium a few moments ago, saying when rome guy had a chance to defend her against rush limbaugh and others he would not do it and chose not to do it. she now has a choice to not vote for rahm mitt romney and she bes if he is not re-elected the policies for health will be pushed back to the 1950s. republicans are pushing back saying that the president's economic policies have hurt all voters but especially female

voters. >>shepard: the latest poll numbers from the new poll. >>reporter: yes, what is interesting about the poll, the president has a gender gap in his favor nationally. in this poll specifically in colorado, the president is slipping ever so slightly among the women. the numbers are the president at 51 percent, and republican mitt romney at 43 percent among women here in colorado. you look at the other side among men, mitt romney has a bigger edge at 56 percent compared to 39 percent. no doubt this is a reason why the president is rolling out sandra in colorado and maybe in other battle ground states. >>shepard: thank you from denver, ed. governor romney is take his message to another swing state, iowa, slamming the president's welfare policy for creating a nation of government dependence

after president obama was accused of cutting the bipartisan welfare reform law put in place by bill clinton. the white house called it false. governor romney double downed on the charge that president obama is losing -- loosening welfare requirements. carl cameron, what does governor romney have to say about had? >>carl: more of the same. the two campaigns are demagogging the issue. romney argues the waivers of the obama administration has proposalled that allows states to relax some of the work requirements if they can continue to keep job participation up and keep the numbers positive, amounts to gutting the program. for the second day in a row, he blasted president obama, again, as a dependency society. >> he removed the requirement of work from welfare.

it is wrong to make any change that would make america more of a nation of government dependency. we must restore and i will restore work and welfare. >>carl: democrats accuse romney of hypocrisy because in 2005 he signed on to a letter pressuring congress to relax some of the welfare requirements so states can run it more effectively. he says he never suggested it be removed and when democrats in his state of massachusetts forwarded the legislation that would have removed the work requirements in massachusetts, he vetoed russia -- that. >>shepard: but the signature was there in 2005, it was right there and it removed work, didn't it? >>carl: it relax add whole cease of restrictions. there were two proponents, one from nevada and utah, who did want the work requirements relaxed and general says he was not part of that. >>shepard: and the matter of a running mate. i guess we will not learn about

that until the wife gets home? >>carl: she back now and they will meet on friday in boston and then the window opens. today while the president is campaigning in colorado, portman, the ohio u.s. senator is also in colorado stumping as a sure got for romney with five events, five campaign events on his behalf in colorado bracketing president obama, and, that's, obviously, part of the audition tour for the potential running mate. and pawlenty is campaigning in michigan. that is romney's native state so he is carrying the romney ball, again, trying to curry favor and show he can do the job. there are two others who are getting a heck of a lot of scrutiny, paul ryan, the house budget committee chairman garnering the most buzz the last 72 hours with many conservatives arguing he could energize the ticket and provide the kind of charisma that many critics say romney lacks. but there is the question of whether the ryan budget and how he deals with medicare could be a problem the finally, there is

marco rubio. while pawlenty will campaign in colorado, rather, vacationing in colorado next week, rubio is on a family vacation this week laying low as all this speculation hurts fevered pitch. by this time next week it is entirely likely we will know who the running mate is. >>shepard: thank you, carl cameron. a new medical discovery that could save patient as lot money and make the medication work a lot better. researches at the university of chicago have found when people eat grapefruit or drink it, with a certain drug, that increases the drug's absorption rate by 350 percent. so, if you absorb more, you have to take less. potentially cutting costs in half. this drug is usually used to prevent transplant rejection but

studies she it could treat cancer, as well. of course, doctors have warned that grapefruit juice can cause overdose problem. and now to our medical team in america city. grapefruit juice or taking grapefruit extract, whatever, it increases the absorption rate sow take less of the drug and you get fewer side effects? >>guest: correct there is a chemical which inhibits an enzyme in the stomach or the intestine so it results in the way that the drug is me tapized. so you take the grapefruit juice more of the medication gets in the blood stream which is important if you are on blood pressure medication, antidepressants or stattens, there are 50 medicates parents take commonly that are affected by the grapefruit juice.

>>shepard: i never heard where it is good to take the juice. >>guest: this study is the first study that shows the positive angle using grapefruit juice in a controlled fashion. the drugs which were targeted was a drug for transplant rejection, cardiac transplant and kidney transplant patients. there are mechanisms of action as an anticancer drug but not the commonly used drugs. i am surprised they used this drug in the study. >>shepard: looking forward, the worse thing about some drugs is the side effects you endure. if the grapefruit in some way is going to reduce the amount of the drug you have to take and the side effects go down, this sounds like it could have all sorts of implication. >>guest: it could a good thing

but it depends on the an organization. >>shepard: so you could not know how much patient positive patient. >>guest: and different types of grapefruit juice have different types of an organization. also, it depends on what time of day you take your grapefruit juice. the problem with the study is they implying if you take grapefruit juice you need less of a drug, less cost, and less side effects but it depends on how much juice you take and what are the medications you are on. >>shepard: check with your doctor before you change anything. >>guest: check with the doctor and tell your doctor if you are taking grapefruit juice because so many medications are influenced by this. >>shepard: you can always have orange juice. >>guest: this are effects from original juice but were less. hill -- the key is to stay off

the gin and tonic. >>shepard: so i am enjoying the olympics. when you can find them. >>guest: we are ahead of you in the u.k.s we get the news quicker. >>shepard: this is america, we need to change things. a united states architect -- army sergeant has been a taliban figure for three years and now the white house has put forward a new offer to get him released. the white house says, well, we don't know for sure, we are not commenting. but we have a source. in exchange for the release of this guy, several high ranking taliban members could go free. is that a real possibility? is bo being used as a pawn?